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The U.S. Court of Appeals for the D.C. Circuit on Tuesday concluded that the FDA cannot bar the importation of e-cigarettes because the agency only has authority to regulate them as tobacco products, not drugs. The ruling clears the way for Sottera to begin importing NJOY e-cigarettes.

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The FDA's proposed rules on electronic cigarettes should be implemented before the end of the year, the American Heart Association said in its first policy statement on the product. It cited studies that have shown e-cigarettes could be a gateway to nicotine addiction in young people. The association backs the use of e-cigarettes as a last option to help smokers quit.

Concerns over food recalls seem to be ephemeral for consumers. Analysis shows that spending on spinach, peanut butter, beef and eggs returned to normal levels after recalls, though the period varied from more than a year to a couple of weeks. According to this article, retailers have systems in place to contact shoppers who bought recalled items, and 60% of consumers track their purchases for recalled products.

Orthovita has received FDA clearance for its bone graft substitute, Viotoss Bioactive Foam-2X. The product, which is expected to be available by late February or early March, has been cleared for use as a bone void filler in the pelvis, extremities and spine.

A panel of FDA advisers endorsed the approval of Orexigen Therapeutics' weight-loss pill Contrave, concluding that the drug's benefits outweigh potential risks. The experts said a larger clinical trial to evaluate Contrave's cardiovascular risk can be done after the drug is approved. The agency is expected to hand down a decision early next year.

House Majority Leader Steny Hoyer, D-Md., said Tuesday that the House has plans to consider a new food-safety bill this week. Hoyer said the initial House version was "a better bill," but that, nevertheless, "the new bill will reflect the Senate bill," which was passed last week.